HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/14/2020
OTTERTAIL
COUNTY -MINNESOTA
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room & Via Livestream
515 West Fir Avenue, Fergus Falls, MN
July 14, 2020
8:30a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, July 14, 2020, at the Government Services
Center in Fergus Falls, MN. Commissioners Lee Rogness, Chair; Betty Murphy, Vice-Chair; John Lindquist, Wayne Johnson,
and Doug Huebsch were present in the room. The meeting was held via Webex Meeting and was available to the public
via livestream due to the health pandemic and declared emergency in accordance with Minn. Stat. Sec. 13D.021 Subd .
1(1).
Approval of Agenda
Chair Rogness called for approval of the Board Agenda. Motion by Lindquist, second by Huebsch and unanimously carried
to approve the Board of Commissioners' agenda of July 14, 2020 with the following additions:
Regular Agenda : Resolution Regarding Funding to Protect Against COVID-19 During the Election Process
Regular Agenda : Canvassing Board Appointment
Public Works Committee: Constituent Concerns Regarding Highway 1 and Dalton Street Projects
Consent Agenda
Motion by Murphy, second by Johnson and unanimously carried to approve the Consent Agenda items as follows:
1. June 30, 2020 Board of Commissioners' Meeting Minutes
2. Warrants/Bills for July 14, 2020 (Exhibit A)
3. Human Services & Public Health Warrants/Bills for July 14, 2020 (Exhibit A)
4. Approval of an Off-Sale 3.2 Malt Liquor License for BM Sazama LLV dba Silver Moon Lounge
and Steakhouse, and
5. Approval of an On-Sale Liquor and Sunday Liquor License for BM Sazama Enterprises LLC dba
Silver Moon Lounge and Steakhouse
Approval of Payment
Motion by Lindquist, second by Murphy and unanimously carried to approve payment, in the amount of $681 .00 to
Perham Health for medical examination costs incurred under the provision of Minnesota Statute 609.35 .
Ditch 45 Public Hearing
Motion by Huebsch, second by Johnson and unanimously carried to discuss a date and time for the Ditch 45 Public
Hearing at the September 22, 2020 Board of Commissioners meeting.
Public Hearing Postponed-Proposed Lake Improvement District (LID)
Motion by Johnson, second by Lindquist and unanimously carried to postpone the Public Hearing regarding the
proposed lake improvement district (LID) for Eagle Lake that was scheduled for August 24, 2020. Commissioners plan to
discuss a date and time at the September 22, 2020 Board of Commissioners meeting that would accommodate seasonal
property owners.
Requests for Penalty Abatement
County Auditor-Treasurer Wayne Stein received requests from Badal Roy (Comfort Zone Inn in Rothsay) for the
abatement of accrued penalty in the amount of $177.52 (Parcel NO . 79-000-30-0007-002), Ruhr Development, Inc (Fergus
Falls Lodging, LLC) for the abatement of accrued penalty in the amount of $4,703.49 (Parcel NO . 71-003-99-1447-000)
and Paul Schnettler (Lakes Inn, LLC) for the abatement of accrued penalty in the amount of $1,005 .80 (Parcel NO 17-000-
20-0272-004).
Page 1 of6
Board of Commissioners' Meeting Minutes
July 14, 2020
Commissioners plan to deny the requests as they do not meet the county policy for abatement but postpone their
decision until it is determined if these types of requests will be considered as part of the overall CARES funding
distribution plans. Mr. Stein plans to work with businesses to forgo additional penalty or interest due to the Boards
decision .
Resolution Regarding Protection Against COVID-19 During Election Process
Otter Tail County Resolution No. 2020 -51
WHEREAS, the COVID-19 Pandemic requires additional efforts to make the election process safe, sanitary and effective;
and
WHEREAS, the Office of the Minnesota Secretary of State is currently soliciting grant applications from counties for grants
pursuant to Laws 2020, Chapter 77, section 4 and the federal CARES Act; and
WHEREAS, grants will be provided to each county pursuant to a formula set forth in Section H of the grant application
provided by the Office of the Secretary of State; and
WHEREAS, the funds provided by the Office of the Secretary of State are provided for the purpose of the uses set forth in
the federal CARES Act and as further restricted by Laws 2020, chapter 77, section 4, subdivision 4; and
WHEREAS, those purposes are primarily for the protection of persons involved with the election process including voters,
as well as certain other purchases set forth in law; and
WHEREAS, the county will work with the municipalities within the county to determine a fair, equitable, and mutually
agreeable allocation of the funds within the County and between municipalities, and if an agreement cannot be reached,
the funds will be distributed pursuant to the OSS identified default allocation formula as determined by the Secretary
and provided in Section E of the grant application; and
WHEREAS, the grant application is to be completed by the staff of the auditor and other staff responsible for the
administration of elections in this county; and
WHEREAS, the grant application must be completed, certified by a county official, typically the chief county election
official, returned to the Office of the Secretary of State and a grant agreement executed prior to the receipt of the funds
to which the county is entitled pursuant to Sections E and F of the grant application; and
WHEREAS, Laws 2020, Chapter 77, section 4 requires a 20% match for the grant, with a 25% match for electronic roster
purchases; and
WHEREAS, the grant agreement will reflect the grant application for each county; and
WHEREAS, additional assistance may be forthcoming later in this election cycle from state and federal funds, particularly
those funds appropriated or these purposes by the Legislature; and
WHEREAS, there are continuing needs throughout the election cycle for both COVID-19 and election security efforts and
concomitant costs; and
WHEREAS, time is of the essence.
THEREFORE, BE IT RESOLVED that the grant application in the form presented to this board and to be submitted to the
Office of the Secretary of State is hereby approved; and
Page 2 of6
Board of Commissioners' Meeting Minutes
July 14, 2020
BE IT FURTHER RESOLVED, that the Board hereby appropriates the required match amount as indicted in the application
for the purposes set forth in the grant application [ALTERNATIVE: BE IT FURTHER RESOLVED that the Board directs the
spending of existing county funds in an amount equivalent to the required match indicated in the application on the
purposes for which the grant is received] ; and
BE IT FURTHER RESOLVED that the chief elections officer of the County and staff are directed to submit this approved
grant application at the earliest opportunity; and
BE IT FURTHER RESOLVED, that when the grant agreement is provided to the chief elections officer of the county, that
person is delegated the authority to execute that agreement and return it to the Office of the Secretary of State without
further approval by this Board ; and
BE IT FINALLY RESOLVED, that the chief elections officer of the county is hereby authorized to apply for any additional
funds made available by the state for the defrayment of costs of efforts to combat COVID-19 in the election process and
for the enhancement of election security, and to execute any grant agreements required to access those funds from this
date until the general election on November 3, 2020.
The motion for the adoption of the foregoing resolution was made by Commissioner Johnson and seconded by
Commissioner Murphy and, after discussion and upon a vote being taken thereon, the resolution was adopted
unanimously.
Adopted at Fergus Falls, MN this 14th day of July 2020 .
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By: ________________ _
Leland R. Rogness, Board of Commissioners Chair
Dated ______________ _
Attest _______________ _
Nicole Hansen, Clerk
Lake Recreation Concerns
County Administrator Nicole Hansen briefed the Board regarding lake recreation concerns and the ongoing issue of
lakeshore property owners throughout the county experiencing uncivil or obnoxious behavior from individuals on the
water. County Sheriff Barry Fitzgibbons reported increased water traffic on the water as well as increased complaints and
has reached out to the Department of Natural Resources (DNR) for guidance on what law enforcement is able to enforce
on public water. Ms. Hansen and Land and Resource Director Chris LeClair plan to draft a letter to the Otter Tail County
Coalition of Lakes Association (COLA) to request assistance and the issue has been sent to the Public Works Committee
for further discussion .
Planning Commission Recommendations
Young Life Castaway Club:
Motion by Lindquist, second by Huebsch and unanimously carried, with Johnson abstaining, to approve a Conditional
Use Permit for Young Life Castaway Club, with a condition as recommended by Planning Commission, proposing to
remove a 8,270 sq . ft. tennis court, and build a dormitory for our summer volunteers. The new building would be a two
(2) story, four (4) bedroom, 52 person building with attached lounge/meeting space. With a main floor footprint of 4,635
sq. ft. and a second floor with 2,134 sq . ft. Minimal change from existing grade to final grade after the project. The
proposal is located at 51709 County Hwy 31, Section 2, Dunn Township: Pelican Lake (56-786), GD.
Page 3 of6
Board of Commissioners' Meeting Minutes
July 14, 2020
Terry Leitch I Ron, Tim & Dan Ames :
Motion by Johnson, second by Lindquist and unanimously carried to approve a Conditional Use Permit for Terry Leitch/
Ron, Tim & Dan Ames, with a condition as recommended by Planning Commission, proposing to purchase 6 acres on
South Stang . Currently on this lake there is not a boat access . We propose to create a boat access to allow us to use the
lake for boating. In order to create the boat access, we need to excavate approx. 34 cubic yards to create the boat access.
During this process we will place 100' of silt curtain and maintain proper erosion control methods. The proposal is located
east of 26256 County Hwy 124, Section 11, Dane Prairie Township South Stang (56-629), NE .
Wee Villa Resort LLC:
Motion by Huebsch, second by Murphy and unanimously carried to approve a Conditional Use Permit for the following:
Project #1 -Bill Johnson on lot #14 would like to replace his old trailer (1963 14' x 46') and replacing it with a new one
which is 15'2" x 52' in its place and also replace the old deck with a new one of the same square foot. Project #2 -Lot #56
would like to replace their flat roof with a pitched roof approx. 3' at peak higher than the existing flat roof. The proposal
is located at 31126 County Hwy 27, Section 14, Elizabeth Township; Long Lake (56-784), RD.
"Pelican Developments II, LLC' I Chris Schuler:
Motion by Johnson, second by Lindquist and unanimously carried to approve a preliminary plat titled "Pelican
Developments 11, LLC", with individual driveways and a provision that any work done in the right of way is required to
meet Otter Tail County Highway department specifications. The plat consists of 8 Single Family Residential Non-Riparian
Lots, 1 Block and is located at 50577 County Hwy 9, Section 11, Scambler Township; Pelican (56-786), GD . Historically,
shared driveways have been problematic and the plat was denied by Planning Commission due to safety concerns
regarding individual driveways. Assistant County Highway Engineer indicated there is no concern for safety and the plat
is acceptable.
Feedlot Public Meetings
The Minnesota Pollution Control Agency (MPCA) requires public meetings forfeedlots that are located in an undelegated
county and over 300 AU after expansion/construction . Otter Tail County is not a "delegated feedlot officer" county and
does not issue permits for feedlots but will hold the public meeting on behalf of the MPCA when requested .
Motion by Johnson, second by Lindquist and unanimously carried to authorize the County Board Secretary and the
County Attorney to develop a feedlot policy and include the request of the County Board to notify property owners
within 5,000' of the location of a new or expanded feedlot to allow for public comment regarding the feedlot. A draft of
the policy is planned to be presented to the Board for approval at a later date.
Canvassing Board
Commissioner Huebsch and Commissioner Lindquist were appointed to the Canvassing Board for the state primary
election at the June 30 t h Board of Commissioners meeting. Lindquist is not able to attend and Commissioner Johnson
was identified to fill his spot. The Otter Tail County Canvassing Board will meet at 2:30 p.m. on Friday, August 14, 2020.
CARES Act Distribution
Deputy Administrator Nick Leonard reported that Otter Tail County received $7 .2 million from the federal government
through the Coronavirus Aid, Relief and Economic Security (CARES) Act and plan to rapidly invest these funds into the
community through the Navigating the Road Ahead Program beginning in August. He shared a document with the
Board outlining six primary categories which include community resilience, workforce, small business, education and
childcare, emergency response and small towns. Staff will work with nonprofits, community organizations and other
providers to develop programming recommendations for future board approval.
Page 4 of6
Board of Commissioners' Meeting Minutes
July 14, 2020
Motion by Huebsch , second by Murphy and unanimously carried to approve the six categories presented which include
community resilience , workforce, small business, education and childcare, emergency response and small towns as a
guideline to determine the distribution of funds received from the federal government through the Coronavirus Aid ,
Relief and Economic Security (CARES) Act.
Recess & Reconvene
At 10 :17 a.m., Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for short
break due to technical difficulties. The Board of Commissioners meeting was reconvened at 10:23 a.m.
Highway Projects
Pavement and Geotechnical Evaluation Agreements :
Motion by Johnson, second by Huebsch and unanimously carried to authorize appropriate County Officials ' signatures
to execute the pavement and geotechnical evaluation agreements between Otter Tail County and Braun lntertec for the
following projects: S.A.P. 056-608-031, S.A.P . 056-646-009, S.A.P . 056-667-037, S.A.P . 056-695-002 , C.P . 19:131 4009-131.
Highway Construction Proiects Update:
Assistant County Engineer Matthew Yavarow provided a brief update to the Board regarding highway construction
projects. Estimated costs were developed to compare against the 2020 budget and an unexpected overage was
discovered , primarily due to an overage in resurfacing projects. The Public Works committee recommended to remove
the CSAH 5 and CSAH 67 projects from the 2020 construction season to remain within budget.
CSAH 34 Reconstruction Proiect Update:
County Engineer Charles Grotte provided a brief update to the Board regarding the CSAH 34 reconstruction project. The
project is not able to move forward until the Judge executes the Order from the July 2, 2020 hearing in which the 60-day
appeal period begins. Commissioners expressed concerns regarding the bid date and recommended to wait until there
is a final conclusion in the court process.
Perham to Pelican Rapids Regional Trail Update:
County Engineer Charles Grotte provided a brief update to the Board regarding the Perham to Pelican Rapids Regional
Trail. He discussed funding for the trail, and it was recommended by the Public Works committee to proceed with
necessary work to ensure all sections are shovel-ready for when construction funding is secured . Houston Engineering
has completed a first round of property owner engagement and is ready to begin right of way acquisition discussions.
Motion by Johnson, second by Huebsch and unanimously carried to authorize Houston Engineering to proceed with
right of way acquisition on all segments, complete the permitting and final design for the Silent Lake Segment, complete
the permitting and preliminary design for the West and McDonald Lake Segments , proceeding to final design when
construction funding is available. Estimated costs for these non-construction project related expenses total
$2 ,035,400 .00 and will be included in future county bonding to be paid back by a Trail Fund.
Phelps Mill Fish Passage:
County Engineer Charles Grotte shared with the Board four (4) options, received from the US Fish & Wildlife Service
(USFWS) and MN Department of Natural Resources (DNR), of a fish passage at Phelps Mill. The Board discussed the
options they are willing to have the USFWS and DNR present to the state historical society which includes no change,
option one (1) and option three (3).
Occupational Health and Safety Agreement
Motion by Johnson, second by Lindquist and unanimously carried to authorize appropriate County Officials ' signatures
to execute the agreement between Otter Tail County and Lakes Country Service Cooperative for health a safety services .
The agreement is effective July 1, 2020 through June 30, 2021 .
Page 5 of6
Recess & Reconvene
Board of Commissioners' Meeting Minutes
July 14, 2020
At 11 :27 a.m ., Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for short
break. The Board of Commissioners meeting was reconvened at 11 :30 a.m.
Public Health Update
Public Health Director Jody Lien reported that Otter Tail County has 120 lab confirmed cases of COVID-19, of which 101
no longer require isolation, and one (1) COVID-19 related death. No longer contagious is a number estimate based on
ten (1 O) days from a positive test date of the case and may not be fully recovered. Minnesota has 42,772 lab confirmed
cases, of which 37,199 no longer require isolation, and 1,504 lab confirmed deaths. Minnesota is experiencing an increase
in positive cases, primarily due to social gatherings, as well as an increase in testing, resulting in a delay of results due to
volume. She discussed the importance isolating while waiting for test results and practicing preventative health
measures to slow the spread of the virus . Concerns were expressed regarding masking for long periods of time and Ms .
Lien informed the Board there is no medical data confirming health implications regarding the concern. The Public
Health Department Operations Center (DOC) continues to meet every two (2) weeks focusing on education and
providing guidance to the business community. Concerns were expressed regarding businesses not following the
Executive Order and discussion with Minnesota Department of Health leadership is planned to determine level of
authority what the county is able to enforce.
Emergency Operations Center (EOC) Update
Emergency Management Director Patrick Waletzko provided a brief update to the Board regarding the Countywide EOC
and reported that they continue to be partially active and provide support in multiple areas. He discussed the impacts
of an EF-4 tornado that occurred on July 8, 2020 resulting in one (1) death and informed the Board that an additional
three (3) tornados has been added to the list by the National Weather Service from that same day. Those effected have
received overwhelming support from the community and Mr. Waletzko plans to compile information and submit to the
state to determine eligibility for disaster aid .
Business Community
Community Development Director Amy Baldwin provided a brief update to the Board regarding the business
community. The focus has been primarily on the allocation funds received from the federal government through the
Coronavirus Aid, Relief and Economic Security (CARES) Act. The CDA continues to process applications for the small
business relieffunds and have received 61 applications to date.
Internal Operations and County Planning
County Administrator Nicole Hansen provided a brief update to the Board regarding internal operations and county
planning and continues to meet with Department Heads every week. County buildings were opened to the public on
July 8th with modified operations and is going well. To learn about specific department operations, visit
https://ottertailcountymn.us/alert/buildings-open-with-modified-operations/.
Adjournment and Closed Session
At 12:36 p.m., Chair Rogness declared the Otter Tail County Board of Commissioners meeting adjourned for a closed
session regarding the purchase of property for the Pelican Rapids area garage located in section 13, Tl 36N, R43W, parcel
no. 50000130091000. The closed session is authorized under M.S. 13D.05, subd. 3(c)(3). Present were Commissioners; Lee
Rogness, Chair; Betty Murphy, Vice Chair; Wayne Johnson, John Lindquist, Doug Huebsch, County Administrator Nicole
Hansen, County Auditor-Treasurer Wayne Stein, and Public Works Director Rick West. Present via Webex were County
County Engineer Charles Grotte, and Highway Maintenance Supervisor Cristi Field. The next regular Board meeting is
scheduled at 8:30 a.m. on Tuesday, July 28, 2020 and will be available to the public via live stream.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated ______________ _
By: ________________ _ Attest _______________ _
Leland R. Rogness, Board of Commissioners Chair Nicole Hansen, Clerk
Page 6 of6
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Page 1 of6
Board of Commissioners' Meeting Minutes
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Page 3 of6
Board of Commissioners' Meeting Minutes
July 14, 2020 (Exhibit A)
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July 14, 2020 (Exhibit A)
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Page 5 of6
Board of Commissioners' Meeting Minutes
July 14, 2020 (Exhibit A)
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Board of Commissioners' Meeting Minutes
July 14, 2020 (Exhibit A)
V en dor Na me
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Page 6 of 6
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